HOUSE BILL REPORT

SB 5060

BYSenators Talmadge, Newhouse, Halsan, Conner and Rasmussen; by request of Washington State Patrol

Authorizing transport of intoxicated pedestrians.

House Committe on Transportation

Majority Report:  Do pass.  (21)

      Signed by Representatives Walk, Chair; Baugher, Vice Chair; Betrozoff, Cantwell, Dellwo, Doty, Fisch, Fisher, Gallagher, Hankins, Haugen, Heavey, Kremen, Meyers, Patrick, Prince, Schmidt, D. Sommers, Spanel, Todd and Zellinsky.

House Staff:Louise Bray (786-7322)

AS PASSED HOUSE MARCH 27, 1987

BACKGROUND:

Situations currently arise in which a law enforcement officer offers assistance to an intoxicated pedestrian who refuses the assistance and, shortly thereafter, an injury occurs to the pedestrian.  Liability for such injury is then sought to be placed on the police officer for not transporting the pedestrian to a safe place.

SUMMARY:

A law enforcement officer may offer to transport a pedestrian, whom the officer believes to be under the influence of alcohol or any drug, if the person is walking along or within the right of way of a public roadway.  If the intoxicated pedestrian accepts the officer's assistance, the officer shall bring the person to a safe place or release the pedestrian to a competent person.

If the pedestrian refuses the law enforcement officer's assistance no suit or action may be commenced against the officer, the law enforcement agency, the state of Washington or any political subdivision of the state for any act which results from the refusal of the pedestrian to accept the officer's assistance.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Captain Rick Jensen, Washington State Patrol; Mike Redman, Washington Association of Prosecuting Attorneys; Paul Ingram, Washington Association of Sheriffs and Police Chiefs.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    Currently, persons who refuse assistance and are subsequently injured have sought to place liability for damages upon the law enforcement officer.  If an offer of assistance is refused, the state should not be held responsible.

House Committee - Testimony Against:      None Presented.