BILL REQ. #:  S-2125.1 

Read first time 03/05/2003.   Referred to Committee on Judiciary.

     AN ACT Relating to restricting access to motor vehicles for persons arrested for alcohol offenses; adding new sections to chapter 46.61 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that it is imperative to ensure that people who are arrested for driving under the influence of intoxicating liquor or any drug are not released to third parties who then allow them to resume control of a motor vehicle. It is the purpose of this act to enhance public safety by reducing the probability that a person arrested for driving under the influence of alcohol or drugs will have access to a motor vehicle while still impaired by the alcohol or drugs.

NEW SECTION.  Sec. 2   A new section is added to chapter 46.61 RCW to read as follows:
     (1) Whenever the driver of a vehicle is arrested for a violation of RCW 46.61.502 or 46.61.504, the vehicle is subject to impoundment at the direction of a law enforcement officer. The impounded vehicle may be redeemed after twelve hours have expired from the time of arrest and after all towing, removal, and storage fees are paid.
     (2) Notwithstanding subsection (1) of this section, a rental car business may immediately redeem a rental vehicle it owns by payment of the costs of removal, towing, and storage.
     (3) Notwithstanding subsection (1) of this section, a motor vehicle dealer or lender with a perfected security interest in the vehicle may redeem or lawfully repossess a vehicle immediately by payment of the costs of removal, towing, and storage.

NEW SECTION.  Sec. 3   A new section is added to chapter 46.61 RCW to read as follows:
     (1) Before a law enforcement officer releases a person arrested for a violation of RCW 46.61.502 or 46.61.504 to a third person, the officer shall serve notice in writing on the third person advising the person of potential civil and criminal liability if the person facilitates or permits the arrested person released to his custody to resume operation of a motor vehicle while still intoxicated or impaired.
     (2) Before the arrested person is released to a third person, receipt of the notice must be acknowledged in writing by the third person.
     (3) If the third person refuses to sign the acknowledgment, the person arrested for a violation of RCW 46.61.502 or 46.61.504 shall remain in custody.