BILL REQ. #: H-2430.1
State of Washington | 63rd Legislature | 2013 Regular Session |
Read first time 04/25/13. Referred to Committee on Public Safety.
AN ACT Relating to arrest without warrant; and amending RCW 10.31.100.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 10.31.100 and 2010 c 274 s 201 are each amended to
read as follows:
A police officer having probable cause to believe that a person has
committed or is committing a felony shall have the authority to arrest
the person without a warrant. A police officer may arrest a person
without a warrant for committing a misdemeanor or gross misdemeanor
only when the offense is committed in the presence of ((the)) an
officer, except as provided in subsections (1) through (10) of this
section.
(1) Any police officer having probable cause to believe that a
person has committed or is committing a misdemeanor or gross
misdemeanor, involving physical harm or threats of harm to any person
or property or the unlawful taking of property or involving the use or
possession of cannabis, or involving the acquisition, possession, or
consumption of alcohol by a person under the age of twenty-one years
under RCW 66.44.270, or involving criminal trespass under RCW 9A.52.070
or 9A.52.080, shall have the authority to arrest the person.
(2) A police officer shall arrest and take into custody, pending
release on bail, personal recognizance, or court order, a person
without a warrant when the officer has probable cause to believe that:
(a) An order has been issued of which the person has knowledge
under RCW 26.44.063, or chapter 7.90, 10.99, 26.09, 26.10, 26.26,
26.50, or 74.34 RCW restraining the person and the person has violated
the terms of the order restraining the person from acts or threats of
violence, or restraining the person from going onto the grounds of or
entering a residence, workplace, school, or day care, or prohibiting
the person from knowingly coming within, or knowingly remaining within,
a specified distance of a location or, in the case of an order issued
under RCW 26.44.063, imposing any other restrictions or conditions upon
the person; or
(b) A foreign protection order, as defined in RCW 26.52.010, has
been issued of which the person under restraint has knowledge and the
person under restraint has violated a provision of the foreign
protection order prohibiting the person under restraint from contacting
or communicating with another person, or excluding the person under
restraint from a residence, workplace, school, or day care, or
prohibiting the person from knowingly coming within, or knowingly
remaining within, a specified distance of a location, or a violation of
any provision for which the foreign protection order specifically
indicates that a violation will be a crime; or
(c) The person is sixteen years or older and within the preceding
four hours has assaulted a family or household member as defined in RCW
10.99.020 and the officer believes: (i) A felonious assault has
occurred; (ii) an assault has occurred which has resulted in bodily
injury to the victim, whether the injury is observable by the
responding officer or not; or (iii) that any physical action has
occurred which was intended to cause another person reasonably to fear
imminent serious bodily injury or death. Bodily injury means physical
pain, illness, or an impairment of physical condition. When the
officer has probable cause to believe that family or household members
have assaulted each other, the officer is not required to arrest both
persons. The officer shall arrest the person whom the officer believes
to be the primary physical aggressor. In making this determination,
the officer shall make every reasonable effort to consider: (i) The
intent to protect victims of domestic violence under RCW 10.99.010;
(ii) the comparative extent of injuries inflicted or serious threats
creating fear of physical injury; and (iii) the history of domestic
violence of each person involved, including whether the conduct was
part of an ongoing pattern of abuse.
(3) Any police officer having probable cause to believe that a
person has committed or is committing a violation of any of the
following traffic laws shall have the authority to arrest the person:
(a) RCW 46.52.010, relating to duty on striking an unattended car
or other property;
(b) RCW 46.52.020, relating to duty in case of injury to or death
of a person or damage to an attended vehicle;
(c) RCW 46.61.500 or 46.61.530, relating to reckless driving or
racing of vehicles;
(d) RCW 46.61.502 or 46.61.504, relating to persons under the
influence of intoxicating liquor or drugs;
(e) RCW 46.20.342, relating to driving a motor vehicle while
operator's license is suspended or revoked;
(f) RCW 46.61.5249, relating to operating a motor vehicle in a
negligent manner.
(4) A law enforcement officer investigating at the scene of a motor
vehicle accident may arrest the driver of a motor vehicle involved in
the accident if the officer has probable cause to believe that the
driver has committed in connection with the accident a violation of any
traffic law or regulation.
(5) Any police officer having probable cause to believe that a
person has committed or is committing a violation of RCW 79A.60.040
shall have the authority to arrest the person.
(6) An officer may act upon the request of a law enforcement
officer in whose presence a traffic infraction was committed, to stop,
detain, arrest, or issue a notice of traffic infraction to the driver
who is believed to have committed the infraction. The request by the
witnessing officer shall give an officer the authority to take
appropriate action under the laws of the state of Washington.
(7) Any police officer having probable cause to believe that a
person has committed or is committing any act of indecent exposure, as
defined in RCW 9A.88.010, may arrest the person.
(8) A police officer may arrest and take into custody, pending
release on bail, personal recognizance, or court order, a person
without a warrant when the officer has probable cause to believe that
an order has been issued of which the person has knowledge under
chapter 10.14 RCW and the person has violated the terms of that order.
(9) Any police officer having probable cause to believe that a
person has, within twenty-four hours of the alleged violation,
committed a violation of RCW 9A.50.020 may arrest such person.
(10) A police officer having probable cause to believe that a
person illegally possesses or illegally has possessed a firearm or
other dangerous weapon on private or public elementary or secondary
school premises shall have the authority to arrest the person.
For purposes of this subsection, the term "firearm" has the meaning
defined in RCW 9.41.010 and the term "dangerous weapon" has the meaning
defined in RCW 9.41.250 and 9.41.280(1) (c) through (e).
(11) Except as specifically provided in subsections (2), (3), (4),
and (6) of this section, nothing in this section extends or otherwise
affects the powers of arrest prescribed in Title 46 RCW.
(12) No police officer may be held criminally or civilly liable for
making an arrest pursuant to subsection (2) or (8) of this section if
the police officer acts in good faith and without malice.