FINAL BILL REPORT

SB 5060

                                   C 11 L 87

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

Authorizing transport of intoxicated pedestrians.

Senate Committee on Judiciary

House Committe on Transportation

SYNOPSIS AS ENACTED

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 walking along or within the right-of-way of a public roadway if he believes the person to be under the influence of alcohol or any drug.  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.

VOTES ON FINAL PASSAGE:

      Senate    45     0

      House 96   0

EFFECTIVE:July 26, 1987