BILL REQ. #:  H-0654.1 

Read first time 02/09/11.   Referred to Committee on Judiciary.

     AN ACT Relating to creating an administrative sobriety checkpoint program; reenacting and amending RCW 46.63.020; adding a new chapter to Title 46 RCW; and prescribing penalties.

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

NEW SECTION.  Sec. 1   The legislature finds that driving while under the influence of alcohol and drugs is a serious public health and safety problem. Numerous published studies have found that sobriety checkpoints are effective in reducing crashes, injuries, and deaths caused by drunk driving. Studies have shown that crashes thought to involve alcohol dropped a median of twenty percent following implementation of sobriety checkpoints. Sobriety checkpoints are an integral part of antidrunk driving enforcement in many states in the United States and many European countries.
     The purpose of this act is to authorize targeted checkpoint programs to deter and detect persons driving under the influence with a minimal intrusion on the privacy rights of all vehicle occupants.

NEW SECTION.  Sec. 2   "Administrative sobriety checkpoint program" means a program that is conducted by one or more law enforcement agencies, in which:
     (1) Uniformed law enforcement officers stop all, or a designated sequence of, nonemergency vehicles that pass specified locations on specified days and between specified times, and briefly question the vehicle drivers to determine if they have been driving a vehicle in violation of RCW 46.61.502 or 46.61.503; and
     (2) The officers may direct the driver of a vehicle who exhibits indications of being under the influence of any intoxicating liquor or drug off the roadway for investigation or testing.

NEW SECTION.  Sec. 3   (1) The chief law enforcement officer of any jurisdiction may apply to its superior court for a warrant that authorizes his or her law enforcement agency to conduct an administrative sobriety checkpoint program in the county where the superior court is located.
     (2) The application must consist of at least one affidavit or declaration that includes the following information:
     (a) The geographic locations, dates, and times when the administrative sobriety checkpoint program would operate;
     (b) The duration of the program;
     (c) The measures that a law enforcement agency will take, before operating the program, to educate the general public and drivers approaching checkpoints about the program including, but not limited to, the configuration and size of the checkpoint, the language spoken at the checkpoint, and the location of checkpoint signs and barriers;
     (d) The measures that a law enforcement agency will take to promote the safety of vehicle occupants, pedestrians, and law enforcement officers operating the checkpoints including, but not limited to, the instructions provided to the law enforcement officers at each checkpoint;
     (e) A statement that all, or a designated sequence of, vehicles passing a checkpoint in one or both directions, except for authorized emergency vehicles, will be stopped;
     (f) A statement that a vehicle will not be stopped at a checkpoint for longer than a period of time determined by the law enforcement agency by policy, if there are no reasonable grounds to believe that the vehicle driver or occupant has committed an offense;
     (g) A statement that a driver will not be required to exit the roadway unless a law enforcement officer has reasonable grounds to believe that the driver or a vehicle occupant has committed an offense; and
     (h) Some statistical information based on data from the state patrol, Washington traffic safety commission, or other source showing that there have been some statistically significant alcohol-involved and/or drug-involved motor vehicle collisions within a one mile radius of the proposed checkpoint location.
     (3) The court shall issue a warrant under this section if it finds that there is sufficient information in the affidavit or declaration required in subsection (2) of this section to conclude that the proposed checkpoint program advances the jurisdiction's interest in reducing impaired driving, taking into account potential arrests under the program and the program's deterrent effect, and minimizes intrusions into the privacy rights of drivers and vehicle occupants.
     (4) If the court issues a warrant, the law enforcement agency shall publish a copy of the warrant in the legal section of the newspaper of record and post a copy of the warrant on the web site, if there is a web site, of the county in which the checkpoint program will be operated. The publication must be made at least once before the date the checkpoint program will be operated and shall not be made more than ten days nor less than one day before the day the checkpoint program will be operated.
     (5) Within twenty days after the administrative sobriety checkpoint program is completed, the chief law enforcement officer shall file with the court a warrant return containing information on what hours the checkpoint was actually operable, the number of vehicles stopped, and, to the extent such information is available at the time the warrant return is required to be filed, the number of drivers investigated and arrested for violations of RCW 46.61.502 or 46.61.503.

NEW SECTION.  Sec. 4   A person, law enforcement agency, jurisdiction, or other governmental entity is not liable for damages that arise from stopping or not stopping a vehicle at an authorized checkpoint unless the person, law enforcement agency, jurisdiction, or other governmental entity acts with intentional misconduct.

NEW SECTION.  Sec. 5   A person who is requested to stop at an authorized sobriety checkpoint and fails to stop is guilty of a gross misdemeanor.

Sec. 6   RCW 46.63.020 and 2010 c 252 s 3, 2010 c 161 s 1125, and 2010 c 8 s 9077 are each reenacted and amended to read as follows:
     Failure to perform any act required or the performance of any act prohibited by this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution relating to traffic including parking, standing, stopping, and pedestrian offenses, is designated as a traffic infraction and may not be classified as a criminal offense, except for an offense contained in the following provisions of this title or a violation of an equivalent administrative regulation or local law, ordinance, regulation, or resolution:
     (1) RCW 46.09.470(2) relating to the operation of a nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance;
     (2) RCW 46.09.480 relating to operation of nonhighway vehicles;
     (3) RCW 46.10.490(2) relating to the operation of a snowmobile while under the influence of intoxicating liquor or narcotics or habit-forming drugs or in a manner endangering the person of another;
     (4) RCW 46.10.495 relating to the operation of snowmobiles;
     (5) Chapter 46.12 RCW relating to certificates of title, registration certificates, and markings indicating that a vehicle has been destroyed or declared a total loss;
     (6) RCW 46.16A.030 and 46.16A.050(3) relating to the nonpayment of taxes and fees by failure to register a vehicle and falsifying residency when registering a motor vehicle;
     (7) RCW 46.16A.520 relating to permitting unauthorized persons to drive;
     (8) RCW 46.16A.320 relating to vehicle trip permits;
     (9) RCW 46.19.050 relating to knowingly providing false information in conjunction with an application for a special placard or license plate for disabled persons' parking;
     (10) RCW 46.20.005 relating to driving without a valid driver's license;
     (11) RCW 46.20.091 relating to false statements regarding a driver's license or instruction permit;
     (12) RCW 46.20.0921 relating to the unlawful possession and use of a driver's license;
     (13) RCW 46.20.342 relating to driving with a suspended or revoked license or status;
     (14) RCW 46.20.345 relating to the operation of a motor vehicle with a suspended or revoked license;
     (15) RCW 46.20.410 relating to the violation of restrictions of an occupational driver's license, temporary restricted driver's license, or ignition interlock driver's license;
     (16) RCW 46.20.740 relating to operation of a motor vehicle without an ignition interlock device in violation of a license notation that the device is required;
     (17) RCW 46.20.750 relating to circumventing an ignition interlock device;
     (18) RCW 46.25.170 relating to commercial driver's licenses;
     (19) Chapter 46.29 RCW relating to financial responsibility;
     (20) RCW 46.30.040 relating to providing false evidence of financial responsibility;
     (21) RCW 46.35.030 relating to recording device information;
     (22) RCW 46.37.435 relating to wrongful installation of sunscreening material;
     (23) RCW 46.37.650 relating to the sale, resale, distribution, or installation of a previously deployed air bag;
     (24) RCW 46.37.671 through 46.37.675 relating to signal preemption devices;
     (25) RCW 46.44.180 relating to operation of mobile home pilot vehicles;
     (26) RCW 46.48.175 relating to the transportation of dangerous articles;
     (27) RCW 46.52.010 relating to duty on striking an unattended car or other property;
     (28) RCW 46.52.020 relating to duty in case of injury to or death of a person or damage to an attended vehicle;
     (29) RCW 46.52.090 relating to reports by repairers, storage persons, and appraisers;
     (30) RCW 46.52.130 relating to confidentiality of the driving record to be furnished to an insurance company, an employer, and an alcohol/drug assessment or treatment agency;
     (31) RCW 46.55.020 relating to engaging in the activities of a registered tow truck operator without a registration certificate;
     (32) RCW 46.55.035 relating to prohibited practices by tow truck operators;
     (33) RCW 46.55.300 relating to vehicle immobilization;
     (34) RCW 46.61.015 relating to obedience to police officers, flaggers, or firefighters;
     (35) RCW 46.61.020 relating to refusal to give information to or cooperate with an officer;
     (36) RCW 46.61.022 relating to failure to stop and give identification to an officer;
     (37) RCW 46.61.024 relating to attempting to elude pursuing police vehicles;
     (38) RCW 46.61.212(4) relating to reckless endangerment of emergency zone workers;
     (39) RCW 46.61.500 relating to reckless driving;
     (40) RCW 46.61.502 and 46.61.504 relating to persons under the influence of intoxicating liquor or drugs;
     (41) RCW 46.61.503 relating to a person under age twenty-one driving a motor vehicle after consuming alcohol;
     (42) RCW 46.61.520 relating to vehicular homicide by motor vehicle;
     (43) RCW 46.61.522 relating to vehicular assault;
     (44) RCW 46.61.5249 relating to first degree negligent driving;
     (45) RCW 46.61.527(4) relating to reckless endangerment of roadway workers;
     (46) RCW 46.61.530 relating to racing of vehicles on highways;
     (47) RCW 46.61.655(7) (a) and (b) relating to failure to secure a load;
     (48) RCW 46.61.685 relating to leaving children in an unattended vehicle with the motor running;
     (49) RCW 46.61.740 relating to theft of motor vehicle fuel;
     (50) RCW 46.64.010 relating to unlawful cancellation of or attempt to cancel a traffic citation;
     (51) RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and committing crimes;
     (52) Chapter 46.65 RCW relating to habitual traffic offenders;
     (53) RCW 46.68.010 relating to false statements made to obtain a refund;
     (54) Chapter 46.70 RCW relating to unfair motor vehicle business practices, except where that chapter provides for the assessment of monetary penalties of a civil nature;
     (55) Chapter 46.72 RCW relating to the transportation of passengers in for hire vehicles;
     (56) RCW 46.72A.060 relating to limousine carrier insurance;
     (57) RCW 46.72A.070 relating to operation of a limousine without a vehicle certificate;
     (58) RCW 46.72A.080 relating to false advertising by a limousine carrier;
     (59) Chapter 46.80 RCW relating to motor vehicle wreckers;
     (60) Chapter 46.82 RCW relating to driver's training schools;
     (61) RCW 46.87.260 relating to alteration or forgery of a cab card, letter of authority, or other temporary authority issued under chapter 46.87 RCW;
     (62) RCW 46.87.290 relating to operation of an unregistered or unlicensed vehicle under chapter 46.87 RCW;
     (63) Section 5 of this act relating to failure to stop at authorized sobriety checkpoints.

NEW SECTION.  Sec. 7   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 8   Sections 1 through 5 of this act constitute a new chapter in Title 46 RCW.