SENATE BILL REPORT

SB 5060

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

Authorizing transport of intoxicated pedestrians.

Senate Committee on Judiciary

Senate Hearing Date(s):January 15, 1987

Majority Report:  Do pass.

      Signed by Senators Talmadge, Chairman; Halsan, Vice Chairman; Bottiger, Moore, Nelson, Newhouse.

Senate Staff:Lidia Mori (786-7461)

                  February 10, 1987

AS PASSED SENATE, FEBRUARY 9, 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 he 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:      none requested

Senate Committee - Testified: Rick Jensen, Washington State Patrol; Mike Redman, Prosecuting Attorneys Association