S-3028.2

SENATE BILL 5485

BySenators Nguyen and Nobles

AN ACT Relating to prohibiting traffic stops for certain traffic violations; and adding a new section to chapter 46.64 RCW.

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

NEW SECTION.  Sec. 1. A new section is added to chapter 46.64 RCW to read as follows:

(1) A law enforcement officer may not stop, or otherwise detain, a driver of a motor vehicle to enforce the following violations:

(a) Failure to keep to the right, as defined by RCW 46.61.100 or 46.61.105;

(b) Improper turn, as defined by RCW 46.61.290;

(c) Failure to stop, as defined by RCW 46.61.055, 46.61.065, 46.61.195, 46.61.200, 46.61.340, 46.61.345, 46.61.350, 46.61.365, 46.61.370, or 46.61.375;

(d) Failure to dim lights, as defined by RCW 46.37.230, and any other equipment violation under chapter 46.37 RCW not defined as a moving violation under WAC 308-104-160;

(e) Parking violations under chapter 46.61 RCW;

(f) Driving without a license under RCW 46.20.015;

(g) Vehicle registration violation under RCW 46.16A.030 (4) and (5);

(h) Failure to maintain proof of motor vehicle insurance under RCW 46.30.020; and

(i) The following violations suspected solely on the basis of the odor of marijuana: (i) Driving under the influence under RCW 46.61.502; (ii) driver under twenty-one consuming alcohol or marijuana under RCW 46.61.503; and (iii) physical control of a motor vehicle under the influence under RCW 46.61.504.

(2) Enforcement of the violations listed in subsection (1) of this section may be accomplished only as a secondary action when a driver of a motor vehicle has been detained for a suspected moving violation defined under WAC 308-104-160 not listed in this section.

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