BILL REQ. #:  H-2904.1 

Read first time 01/16/14.   Referred to Committee on Judiciary.

     AN ACT Relating to actions for trespass upon a business owner's premises; adding a new section to chapter 4.24 RCW; and prescribing penalties.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 4.24 RCW to read as follows:
     (1) A business owner has a cause of action for trespass against any person who enters or remains unlawfully upon the business owner's premises.
     (2) In any action under subsection (1) of this section, a business owner may recover actual damages or elect to recover, without proof of special damages, the amount of twenty-five hundred dollars as liquidated damages.
     (3) If a business owner prevails in an action under subsection (1) of this section, the business owner is entitled to recover reasonable attorneys' fees and legal expenses. Such expenses are not confined to the costs allowed under RCW 4.84.010.
     (4) If a person alleged to have trespassed on a business owner's premises prevails in an action under subsection (1) of this section, he or she may recover attorneys' fees only if the action is frivolous within the meaning of RCW 4.84.185.