Passed by the Senate April 14, 2011 YEAS 46   BRAD OWEN ________________________________________ President of the Senate Passed by the House April 5, 2011 YEAS 95   FRANK CHOPP ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SECOND SUBSTITUTE SENATE BILL 5000 as passed by the Senate and the House of Representatives on the dates hereon set forth. THOMAS HOEMANN ________________________________________ Secretary | |
Approved April 27, 2011, 1:51 p.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | April 27, 2011 Secretary of State State of Washington |
State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 02/23/11.
AN ACT Relating to mandating a twelve-hour impound hold on motor vehicles used by persons arrested for driving under the influence of alcohol or drugs or being in physical control of a vehicle while under the influence of alcohol or drugs; amending RCW 46.55.113; reenacting and amending RCW 46.55.113; adding new sections to chapter 46.55 RCW; creating a new section; providing an effective date; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 This act shall be known and cited as
Hailey's Law.
NEW SECTION. Sec. 2 (1) The legislature finds that:
(a) Despite every effort, the problem of driving or controlling a
vehicle while under the influence of alcohol or drugs remains a great
threat to the lives and safety of citizens. Over five hundred people
are killed by traffic accidents in Washington each year and impaired
vehicle drivers account for almost forty-five percent, or over two
hundred deaths per year. That is, impairment is the leading cause of
traffic deaths in this state;
(b) Over thirty-nine thousand people are arrested each year in
Washington for driving or controlling a vehicle while under the
influence of alcohol or drugs. Persons arrested for driving or
controlling a vehicle while under the influence of alcohol or drugs may
still be impaired after they are cited and released and could return to
drive or control a vehicle. If the vehicle was impounded, there is
nothing to stop the impaired person from going to the tow truck
operator's storage facility and redeeming the vehicle while still
impaired;
(c) More can be done to deter those arrested for driving or
controlling a vehicle while under the influence of alcohol or drugs.
Approximately one-third of those arrested for operating a vehicle under
the influence are repeat offenders. Vehicle impoundment effectively
increases deterrence and prevents an impaired driver from accessing the
vehicle for a specified time. In addition, vehicle impoundment
provides an appropriate measure of accountability for registered owners
who allow impaired drivers to drive or control their vehicles, but it
also allows the registered owners to redeem their vehicles once
impounded. Any inconvenience on a registered owner is outweighed by
the need to protect the public;
(d) In order to protect public safety and to enforce the state's
laws, it is reasonable and necessary to mandatorily impound the vehicle
operated by a person who has been arrested for driving or controlling
a vehicle while under the influence of alcohol or drugs.
(2) The legislature intends by this act:
(a) To change the primary reason for impounding the vehicle
operated by a person arrested for driving or controlling a vehicle
under the influence of alcohol or drugs. The purpose of impoundment
under this act is to protect the public from a person operating a
vehicle while still impaired, rather than to prevent a potential
traffic obstruction; and
(b) To require that officers have no discretion as to whether or
not to order an impound after they have arrested a vehicle driver with
reasonable grounds to believe the driver of the vehicle was driving
while under the influence of alcohol or drugs, or was in physical
control of a vehicle while under the influence of alcohol or drugs.
NEW SECTION. Sec. 3 (1)(a) When a driver 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 except for a commercial vehicle or
farm transport vehicle under subsection (3)(c) of this section, 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.
(b) If the police officer directing that a vehicle be impounded
under this section has:
(i) Waited thirty minutes after the police officer contacted the
police dispatcher requesting a registered tow truck operator and the
tow truck responding has not arrived, or
(ii) If the police officer is presented with exigent circumstances
such as being called to another incident or due to limited available
resources being required to return to patrol,
the police officer may place the completed impound order and inventory
inside the vehicle and secure the vehicle by closing the windows and
locking the doors before leaving.
(c) If a police officer directing that a vehicle be impounded under
this section has secured the vehicle and left it pursuant to (b) of
this subsection, the police officer and the government or agency
employing the police officer shall not be liable for any damages to or
theft of the vehicle or its contents that occur between the time the
officer leaves and the time that the registered tow truck operator
takes custody of the vehicle, or for the actions of any person who
takes or removes the vehicle before the registered tow truck operator
arrives.
(2)(a) When a driver of a vehicle is arrested for a violation of
RCW 46.61.502 or 46.61.504 and the driver 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 of the vehicle or there is a legal owner of the
vehicle that is not the driver of the vehicle. A registered owner who
is not the driver of the vehicle or a legal owner who is not the driver
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 a driver of a vehicle is arrested for a violation of RCW
46.61.502 or 46.61.504 and the driver is a registered owner of the
vehicle, the police officer directing the impound shall notify the
driver 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 or there is a legal owner who is not the driver
of the vehicle. The police officer directing the impound shall notify
the driver that the impounded vehicle may be redeemed by either a
registered owner or legal owner, who is not the driver 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.
(3)(a) When a driver of a vehicle is arrested for a violation of
RCW 46.61.502 or 46.61.504 and the driver is not a registered owner of
the vehicle, the impounded vehicle may be redeemed by a registered
owner or legal owner, who is not the driver 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.
(b) When a driver of a vehicle is arrested for a violation of RCW
46.61.502 or 46.61.504 and the driver is not a registered owner of the
vehicle, the police officer directing the impound shall notify the
driver that the impounded vehicle may be redeemed by a registered owner
or legal owner, who is not the driver 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) If the vehicle is a commercial vehicle or farm transport
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.
(d) The registered tow truck operator shall notify the agency that
ordered that the vehicle be impounded when the vehicle arrives at the
registered tow truck operator's storage facility and has been entered
into the master log starting the twelve-hour period.
(4) A registered tow truck operator that releases an impounded
vehicle pursuant to the requirements stated in this section is not
liable for injuries or damages sustained by the operator of the vehicle
or sustained by third parties that may result from the vehicle driver's
intoxicated state.
(5) For purposes of this section "farm transport vehicle" means a
motor vehicle owned by a farmer and that is being actively used in the
transportation of the farmer's or another farmer's farm, orchard,
aquatic farm, or dairy products, including livestock and plant or
animal wastes, from point of production to market or disposal, or
supplies or commodities to be used on the farm, orchard, aquatic farm,
or dairy, and that has a gross vehicle weight rating of 7,258 kilograms
(16,001 pounds) or more.
NEW SECTION. Sec. 4 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 police 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
suspicion to believe that the driver 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. 5 RCW 46.55.113 and 2007 c 242 s 1 and 2007 c 86 s 1 are
each 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 or farm transport 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.
(5) For purposes of this section "farm transport vehicle" means a
motor vehicle owned by a farmer and that is being actively used in the
transportation of the farmer's or another farmer's farm, orchard,
aquatic farm, or dairy products, including livestock and plant or
animal wastes, from point of production to market or disposal, or
supplies or commodities to be used on the farm, orchard, aquatic farm,
or dairy, and that has a gross vehicle weight rating of 7,258 kilograms
(16,001 pounds) or more.
Sec. 6 RCW 46.55.113 and 2010 c 161 s 1120 are each 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 46.19.010 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 or farm transport 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.
(5) For purposes of this section "farm transport vehicle" means a
motor vehicle owned by a farmer and that is being actively used in the
transportation of the farmer's or another farmer's farm, orchard,
aquatic farm, or dairy products, including livestock and plant or
animal wastes, from point of production to market or disposal, or
supplies or commodities to be used on the farm, orchard, aquatic farm,
or dairy, and that has a gross vehicle weight rating of 7,258 kilograms
(16,001 pounds) or more.
NEW SECTION. Sec. 7 Sections 2 through 4 of this act are each
added to chapter
NEW SECTION. Sec. 8 Section 6 of this act takes effect July 1,
2011.
NEW SECTION. Sec. 9 Section 5 of this act expires July 1, 2011.