ENGROSSED SENATE BILL 5135

BySenators Das, Hasegawa, Nguyen, Stanford, and Wilson, C.

AN ACT Relating to unlawfully summoning a police officer; and adding a new section to chapter 4.24 RCW.

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

NEW SECTION.  Sec. 1. A new section is added to chapter 4.24 RCW to read as follows:

(1) A person may bring a civil action for damages against any person who knowingly causes a law enforcement officer to arrive at a location to contact another person with the intent to:

(a) Infringe on the other person's rights under the Washington state or United States Constitutions;

(b) Unlawfully discriminate against the other person;

(c) Cause the other person to feel harassed, humiliated, or embarrassed;

(d) Cause the other person to be expelled from a place in which the other person is lawfully located; or

(e) Damage the other person's:

(i) Reputation or standing in the community; or

(ii) Financial, economic, consumer, or business prospects or interests.

(2) A person shall not be held liable under subsection (1) of this section if the person acted in good faith in causing a law enforcement officer to arrive.

(3) Upon prevailing in an action under this section, the plaintiff may recover:

(a) The greater of:

(i) Economic and noneconomic damages; or

(ii) $250 against each defendant found liable under this section; and

(b) Punitive damages.

(4) The court may award reasonable attorneys' fees and costs to the prevailing plaintiff in an action under this section.

(5) A civil action under this section:

(a) May be maintained in a court of limited jurisdiction if the total damages claimed do not exceed the statutory limit for damages that the court of limited jurisdiction may award; and

(b) Does not affect a right or remedy available under any other law of this state.

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